Terms of Service
Welcome to BotGo. These Terms of Service (“Terms”) are a legally binding agreement between you, either individually or on behalf of an entity (“you”), and VIRTUAL CAPITAL LTD. (“BotGo”, “BotGo Labs”, “Company,” “we,” “us,” “our”). By accessing and using the BotGo platform and related services (“Services”), you agree to comply with these Terms. If you do not agree with all these Terms, you are prohibited from using the Services and must discontinue use immediately.
Our Services
The Services include the BotGo platform, software, applications, and other related offerings. The information provided on our Services is intended for users in jurisdictions where such access does not violate local laws. Users are responsible for ensuring their compliance with all applicable laws.
Representations and Warranties
By using the Services, you represent and warrant that:
- You have the legal capacity and agree to comply with these Legal Terms;
- You are not a minor in the jurisdiction where you reside;
- You have all necessary rights, licenses, consents, and permissions to provide Input to the Services and to grant the rights set forth in these Terms;
- You are solely responsible for Your Content, including its legality, reliability, accuracy, and appropriateness, and for ensuring that it does not violate these Terms, applicable laws, or BotGo’s Privacy Policy;
- You will not access the Services through automated or non-human means, such as bots or scripts;
- You will not use the Services for any illegal or unauthorized purpose;
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).
Prohibited Activities
You agree to use the Services solely for lawful purposes and only as expressly permitted under these Terms and applicable laws. For purposes of these Terms, “applicable laws” means all laws, regulations, statutes, rules, codes, ordinances, orders, decrees, or other legal requirements enacted, issued, or enforced by any governmental authority, as may be amended from time to time.
You agree that you will not, and will not permit or encourage any third party to:
- You shall not use the Services, directly or indirectly: To exploit, harm, or attempt to exploit or harm minors in any manner; To generate or disseminate verifiably false or misleading information with the intent to cause harm;
- To generate, distribute, or misuse personally identifiable information in a way that could harm an individual;
- In any manner that infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other legal rights of any third party;
- To defame, harass, intimidate, threaten, or otherwise disparage any person or group;
- For fully automated decision-making processes that may adversely affect an individual’s legal rights or entitlements;
- In any way intended to discriminate against or harm individuals or groups based on personal characteristics or social behavior, whether online or offline;
- To exploit any group based on age, social status, physical or mental condition, or other vulnerabilities;
- To provide medical advice, diagnoses, treatment recommendations, or interpretations of medical results;
- To generate or use information in connection with the administration of justice, law enforcement, immigration, or asylum proceedings.
- Copy, reproduce, modify, translate, adapt, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Services, or create any derivative works based on the Services or any portion thereof;
- Remove, alter, obscure, or tamper with any copyright, trademark, patent, or other proprietary rights notices or labels contained within or displayed by the Services;
- Sell, license, sublicense, lease, assign, distribute, publicly display, publicly perform, transmit, transfer, or otherwise commercially exploit any part of the Services without our express prior written consent;
- Use any robot, spider, scraper, crawler, or other automated means or technologies to access, extract, harvest, or otherwise collect information or data from the Services for any purpose;
- Upload, transmit, or distribute any viruses, worms, trojan horses, ransomware, spyware, or any other malicious code, software, or technology intended to damage or interfere with the functionality, integrity, or security of the Services, any system, or data;
- Interfere with, disrupt, or attempt to gain unauthorized access to the operation of the Services, the servers or networks connected to the Services, or any user accounts, including by circumventing or attempting to circumvent security, authentication, or other protective measures.
We reserve the right, at any time and without prior notice, to remove or disable access to any content or material at our sole discretion, for any reason or no reason.
This includes content that we, in our sole judgment, find to be objectionable, in violation of these Terms, in breach of applicable law, or otherwise harmful to the Platform, the Services, or our users.
You understand and acknowledge that any violation of these Terms or applicable laws may result in civil, criminal, or administrative liability.
We further reserve the right to take any action we deem appropriate in response to such violations, including, without limitation, reporting the matter to law enforcement authorities, suspending or terminating your account and access to the Services, and pursuing any other remedies available to us under law or equity.
Account Registration and Security
Certain features of the Service require account registration. You agree to provide accurate, current, and complete information and to keep your account credentials confidential. You are responsible for all activities that occur under your account.
License to Your Content
When using BotGo, you may provide, upload, or generate content (“Your Content”). BotGo does not claim ownership of Your Content and grants you full rights to use it as you wish, including for commercial purposes. However, BotGo reserves the right to remove or block any content that violates these Terms.
By using BotGo, you grant us a license to use, store, display, and modify Your Content as needed to operate and improve the Services. This license is royalty-free, transferable, sublicensable, worldwide, and valid as long as Your Content is stored with us. We may share Your Content with third parties if necessary to provide the Services or comply with legal obligations.
BotGo also reserves the right to remove or edit any of Your Content at any time. By submitting Your Content, you confirm that you have all necessary rights and permissions to do so and that it does not infringe on any third-party rights.
Intellectual Property
The Services, including trademarks, copyrights, designs, text, and the overall “look and feel,” are the intellectual property of BotGo and its representatives, protected by international copyright and trademark laws. You may not modify, distribute, reproduce, or exploit any part of the Services or its intellectual property without prior written consent. Violation of this term may result in immediate removal from the Services without notice or refund.
We respect intellectual property rights and expect our users to do the same. We reserve the right, at our sole discretion and without prior notice, to:
- Remove any content that infringes (or is alleged to infringe) on intellectual property or publicity rights;
- Block access to the Services;
- Terminate the accounts of repeat or serious infringers;
- Take any other action we deem appropriate to protect rights and comply with the law.
If you believe your intellectual property rights have been infringed, or if you encounter content or output that violates applicable laws, please contact us at: [email protected]. To report a copyright or intellectual property infringement, your written notice must include:
- A physical or electronic signature of the person authorized to act on behalf of the rights owner;
- A clear description of the copyrighted work or other intellectual property being infringed, including proof of your ownership rights;
- A description of the material that is allegedly infringing, and where it is located on the Platform;
- Your name, address, phone number, and email address; and
- A statement that you have a good faith belief that the use of the material is not authorized by the rights owner, their agent, or the law.
Content Public Visibility
The Service may allow you to publish generated content publicly, including but not limited to community feeds, galleries, or discovery sections ("Public Content").
If you choose to make content public, you grant BotGo and its affiliates a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, display, distribute, create derivative works from, and otherwise exploit such Public Content for platform operation, promotion, research, and improvement of AI models.
This license survives account termination and applies across current and future media formats.
Subscription & Payment
Subscription Plans: BotGo offers Free and paid subscription plans with different feature access. We reserve the right to adjust subscription plans and pricing at any time.
Payment & Billing: We accept credit cards, debit cards, and various digital payment methods (such as Stripe, Apple Pay, etc.). You can purchase or subscribe to our Paid Services through Apple ID, Google account or Stripe account. All paid subscriptions automatically renew. To cancel, you can do so in your account settings. Prices may include or exclude applicable taxes according to local legal requirements. The actual payment amount will be displayed on the checkout page.
Cancellation: You may cancel your subscription at any time through your account settings. Your subscription remains active until the current billing cycle ends, then automatically converts to the Free plan.
Legal Terms: We reserve the right to suspend or terminate service for non-payment, terms violations, or other reasons outlined in our Terms of Service. Specifically, we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Refunds
As a general rule, purchases of digital and virtual products are non-refundable, unless otherwise stipulated by the laws and regulations of your country or region or otherwise agreed in this Agreement. If you have a refund request or billing issue, please contact [email protected]. We review refund-related requests on a case-by-case basis and will generally respond within 3 business days.
Third Party Services
The Services may incorporate or rely on third-party services, including but not limited to third-party large language models (“LLMs”) and APIs. When using these third-party services, you agree to comply with any applicable terms and conditions imposed by those third parties—such as user agreements, content policies, and data processing terms. To the fullest extent permitted by law, any dispute you may have with a third party arising from your use of their services is solely between you and that third party. You irrevocably release us from any and all claims, demands, liabilities, damages (whether direct or consequential), or other losses arising from or related to such disputes. Some Services may be powered by third-party LLMs. We do not create or control the Output generated by these third-party providers and are not responsible for any content produced or made available through them. You acknowledge that we have no obligation to review, monitor, or pre-screen any Output or content provided by third-party LLMs or other third-party services that may power your experience.
Disclaimer of Warranties
The Services and all materials and content available through the Services are provided “as is” and on an “as available” basis. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.
YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR WILL NOT CONTAIN HARMFUL CODE.
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, UP TO DATE, OR RELIABLE.
NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS, REPRESENTATIONS, TERMS OR WARRANTIES AND TERMS AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON- INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. We may change, suspend, withdraw or restrict the availability of all or any part of the Services for business and operational reasons at any time without notice.
WE ARE NOT OBLIGATED TO PROVIDE ANY TRANSITION SERVICES OR TECHNICAL OR OTHER SUPPORT TO YOU AFTER SUSPENSION OR TERMINATION OF ANY SERVICES, NOR ARE WE SUBJECT TO ANY DISASTER RECOVERY OBLIGATION OR COMMITMENT.
Limitation of Liability
To the maximum extent permitted by applicable law:
WE SHOULD NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES;
OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US WITHIN THE LAST TWELVE (12) MONTHS OR FIFTY US DOLLARS (USD $50), WHICHEVER IS HIGHER.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BOTGO.AI, OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND THIRD-PARTY PARTNERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES ARISING FROM YOUR USE OF THE SERVICES OR YOUR VIOLATION OF THE TERMS.
Force Majeure
We are not liable for any failure to fulfill obligations under these Terms due to events beyond our control, including natural disasters, war, terrorism, civil unrest, or other unforeseen circumstances. Such events relieve us of our responsibilities for the duration of the disruption.
Governing Law and Dispute Resolution
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
For any concerns or disputes regarding the Service, you agree to first attempt to resolve them informally by contacting BotGo.
Contact Us
For any questions or concerns about these Terms, please contact us: [email protected].